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Because PSWs are unregulated, they have no legally defined scope
of practice, no mandatory educational qualifications, no professional
misconduct regulations or discipline process.13 While the absence of
an overarching regulatory framework outlining standards of practice
makes it challenging to delineate precisely the nature of the workers’
rights and obligations, it does not mean they are not required to prac-
tise safely and competently, including in the context of a pandemic.
For example, when tasks are delegated, regulated health profes-
sionals have a duty to make sure that PSWs are competent to perform
the procedure and that they understand the extent of their responsi-
bilities.14 As well, facilities and agencies who employ PSWs provide
some oversight through guidelines and in-house practices.15 Further,
enhanced education standards provide PSWs with more skills and bet-
ter training.16 Finally, some associations have developed codes of ethics
outlining values such as competence, integrity, and respect of dignity.17
There has been considerable debate about whether these piecemeal
interventions to oversee PSWs’ practice are sufficient. The COVID-19
crisis has shone a light on existing problems, especially in the LTC con-
text. There have been numerous reports of PSWs being denied the use
of personal protective equipment (PPE) and having to work very long
hours in extraordinarily stressful conditions. Because wages are low,
many workers have been forced to work in multiple locations in order
to make a decent living, thus increasing the risk of spreading the virus.
By contrast, some front line staff have refused to work, leaving LTC
residents to their own devices, often with catastrophic consequences.18
13. Ibid at 3.
14. See for example: CNO, Practice Guideline: Working with Unregulated HealthcareÂ
Providers (2013) at 3.
15. See for example: Saint Elizabeth, A Practical Guide to Implementing Person-
Centred Care Education for PSWs in the Home, Community and Long-Term CareÂ
Sectors (October 2013), online: Saint Elizabeth <https://www.saintelizabeth.
com/getmedia/3b053be0-3313-45e5-8aea-872781c0b76d/Practical-Guide-for-
Implementing-PCC-Education-for-PSWs-October-2013.pdf.aspx>.
16. See for example: Ontario Ministry of Colleges and Universities, “Personal
Support Worker Program Standard” (last visited 14 May 2020), online: Ontario
Ministry of Colleges and Universities <http://www.tcu.gov.on.ca/pepg/audiences/
colleges/progstan/health/supwork.html>.
17. See for example: The Ontario Personal Support Workers Association, OPSWA’sÂ
Code of Ethics (last visited 14 May 2020), online: OPSWA <https://www.ontariop-
swassociation.com/code-of-ethics>.
18. Katie Pedersen & Melissa Mancini, “Ontario’s long-term care workers still work-
ing at multiple facilities as B.C. clamps down”, CBC News (8 April 2020), online:
<https://www.cbc.ca/news/health/nursing-home-workers-1.5526076>
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International